State v. Brandfon
| Decision Date | 16 December 1955 |
| Parties | The STATE of New Jersey, Plaintiff, v. Jerome BRANDFON, Defendant. (Criminal), New Jersey |
| Court | New Jersey County Court |
This is a motion by defendant seeking credit for certain time spent in confinement prior to the imposition of sentence in the Hudson County Court. He is presently confined at the New Jersey State Prison Farm in Rahway, New Jersey. In order to understand more fully the relief sought by defendant it appears necessary to set forth chronologically the events which transpired prior to such sentence.
On February 4, 1954 defendant was sentenced in Essex County for unlawful use of narcotics to a term of six months in the Essex County Penitentiary. Thereafter on April 21, 1954 he was sentenced in the Essex County Court for uttering a forged prescription for narcotics to a term of three to five years in State Prison, such latter sentence to run concurrently with the balance of the penitentiary term. On April 23, 1954, he was received in State Prison to commence serving his Essex County sentence.
The authorities in Hudson County had lodged a detainer for defendant with Essex County on February 11, 1954. On September 29, 1954 there was returned against the defendant by the Hudson County grand jury, Indictment No. 31, 1954 term, first session, charging a violation of the Uniform Narcotic Drug Law, R.S. 24:18--43, N.J.S.A., uttering a forged prescription for narcotics. As a result of this indictment defendant was brought to Hudson County on October 8, 1954, at which time he entered a plea of not guilty. He was again brought to Hudson County on November 19, 1954 in order to retract his former plea of not guilty and enter a plea of guilty to the charge. On November 24, 1954 the Hudson County Court imposed a sentence of five to five and one-half years upon defendant to run concurrently with the sentence imposed by the Essex County Court.
Defendant contends that by virtue of the provisions of R.R. 3:7--10(g) he should receive as credit upon his Hudson County sentence all of the time spent in custody from the date of the filing of the Hudson County, detainer in Essex County, on, February 11, 1954. His contention is based upon his interpretation of R.R. 3:7--10(g) which rule reads as follows:
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State v. Edwards
...denied, 81 N.J. 405, 408 A.2d 799 (1979); State v. Council, 137 N.J.Super. 306, 308, 349 A.2d 71 (App.Div.1975); State v. Brandfon, 38 N.J.Super. 412, 119 A.2d 185 (Cty.Ct.1955), aff'd o.b., 40 N.J.Super. 328, 123 A.2d 30 (App.Div.1950). If we were to adopt defendant's argument, the time se......
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State v. Allen
...from the particular offense. See State v. Marnin, 108 N.J.Super. 442, 444, 261 A.2d 682 (App.Div.1970); State v. Brandfon, 38 N.J.Super. 412, 414, 119 A.2d 185 (Cty.Ct.1955), aff'd o.b. 40 N.J.Super. 328, 123 A.2d 30 (App.Div.1956). Cf. Lipschitz v. State, 43 N.J.Super. 386, 128 A.2d 728 Th......
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...491, 499, 435 A.2d 850 (App.Div.1981); State v. Council, 137 N.J.Super. 306, 308, 439 A.2d 71 (App.Div.1975); State v. Brandfon, 38 N.J.Super. 412, 119 A.2d 185 (Cty.Ct.1955), aff'd o.b. 40 N.J.Super. 328, 123 A.2d 30 (App.Div.1956). Even where the defendant's incarceration is the product o......
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...with the federal sentence. State v. Council, 137 N.J.Super. 306, 349 A.2d 71 (App.Div.1975). See also, State v. Brandfon, 38 N.J.Super. 412, 119 A.2d 185 (Cty.Ct.1955), aff'd o. b. 40 N.J.Super. 328, 123 A.2d 30 (App.Div.1956). This application arises from an extradition proceeding. Extradi......